Rule 96 Collective agreementsI1

England, Wales and Scotland

(1)

Where a claim includes a complaint under section 146(1) of the Equality Act relating to a term of a collective agreement^f1, the following persons, whether or not identified in the claim, must be regarded as the persons against whom a remedy is claimed and must be treated as respondents for the purposes of these Rules—

(a)

the claimant’s employer (or prospective employer), and

(b)

every organisation of employers and organisation of workers, and every association of or representative of such organisations, which, if the terms were to be varied voluntarily, would be likely, in the opinion of the Tribunal, to negotiate the variation.

(2)

An organisation or association must not be treated as a respondent if the Tribunal, having made such enquiries of the claimant and such other enquiries as the Tribunal thinks fit, is of the opinion that it is not reasonably practicable to identify the organisation or association.

Annotations

Commencement

I1: Rule 96 in force at 6.1.2025 immediately after S.I. 2024/1156 comes into force, see rule 1(1)

Footnotes

f1: Section 148(4) of the Equality Act 2010 (c. 15) defines “collective agreement” by reference to the meaning given in section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).